General Terms and Conditions of MAXIM Services Ltd.
1. Scope of application
All services of MAXIM Szolgáltató Kft are provided exclusively on the basis of the following business conditions. We shall not acknowledge any terms and conditions of the Customer that are contrary to or different from our General Terms and Conditions, unless we have expressly agreed to their validity in writing. Our General Terms and Conditions shall be valid even if the service is provided to the Customer without reservation in the knowledge of the Customer's contrary terms. All agreements concluded between us and the Customer for the purpose of performing this service contract shall be set out in writing in this service contract. By signing or confirming the order, the Customer accepts the present General Terms and Conditions of MAXIM Kft., so its provisions are valid for the order.
Changes and new versions of these Terms and Conditions shall become part of the contract if they are communicated to the contracting party in writing or in text form and the contracting party does not expressly object in writing within four weeks of receiving the new GTC. Changes and new versions of these Terms and Conditions shall become part of the contract if they are communicated to the contracting party in writing and the contracting party does not expressly object in writing within four weeks of receiving the new GTC.
2. Conclusion of contract and cooperation obligation of the Customer
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The Customer shall notify the Contractor in respect of the particular form of the translation (target language, format, data carrier of the translation, number of copies, target date, etc.) and the intended use of the translation (personal use or publication) in good time.
The Customer shall provide the Contractor with all the information and documents required for the creation of the translation as per contract without being requested to do so, in good time and in full. As far as possible, the text to be translated shall be made available to the Contractor in digital form.
Mistakes and/or deficiencies resulting from non-observance of the customer’s duties shall not be ascribed to the Contractor.
The Contractor cannot be made liable for flawed translation due to illegibility of the original text. In the case of illegible, incomprehensible or incomplete parts of the text the Customer shall immediately ensure that the text required for the performance is sent to the Contractor in a legible, interpretable or complete form.
When ordering a pure translation the Contractor does not assume any guarantee for the retention of formatting, layout or other parts of the optical design.
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In case of editable standard documents (Microsoft Word, Excel, PowerPoint), the translation will be made in a copy of the original document. In such cases, the Contractor will maintain the formatting, layout and other parts of the optical design, if possible. However, the Contractor does not guarantee this, since it is possible for many reasons that formatting, layout and other elements of the document may shift or change in the target language after the translation.
The amendments and additions to the contract require written form in order to be effective.
If the Customer requests any changes after the confirmation of the Contractor, it shall be subject of a separate offer and order and may affect the deadline for the original performance.
Submission of the translated material shall be due after the completion of the work, partial performance or handover of a partially completed work shall be excluded.
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3. Prices and payments
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Our prices are based on the number of characters of the source text. Upon request of the Customer also the number of characters of the target language can be applied instead of the above method. The Customer shall receive from us a corresponding, non-binding price quote. The quotes, offers of the Contractor shall be valid for 7 days.
The price can be influenced by, among others, the deadline of the work, the format of the source material, the requested format of the completed material, any necessary formatting, editing, conversion work, the need for professional or linguistic proofreading, the language direction.
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If unusually high additional effort and expense is required for the execution of the order, this will be additionally invoiced on the basis of our hourly rate. In such a case the Customer will be informed in advance of the necessity to apply such hourly rate additionally. If the Customer does not agree, the Contractor shall have the right to refuse to perform the contract. Our prices are gross prices. The Contractor as small enterprise has a VAT exempt status, thus the value-added tax will be invoiced in the amount of 0 EUR.
For small orders the minimum fee charged shall correspond to the translation fee of 150 words. Should the actual expenditure of the Contractor exceed this amount, the Contractor shall be entitled to refuse to fulfil the order.
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In addition to proofreading (which means the correction of grammar and spelling errors), the copy editing also includes a revision in terms of contextual consistency and style. This is particularly recommended if the translation is for publication purposes. The editing of the translated text amounts to 40% of the translation fee.
The editing of an available text can be ordered without translation as well. The fee of editing without translation is 50% of the translation fee, as it includes the proofreading. (If you order the translation from us, the translation fee already contains the fee of proofreading.)
In the case of a standard order, the execution of the order shall begin no later than on the next working day following the confirmation. When a rush order is placed, the execution of the order will start no later than on the next calendar day following the confirmation, the fee in this case is 1.3 times the standard order. In the case of an immediate order, the Contractor shall start the execution of the order immediately after the confirmation, the fee in this case is 1.6 times the standard order.
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Unless the Parties agree otherwise, the full price charged shall be due for payment within 14 days of receipt of the invoice.
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If the Customer cancels all or part of the ordered work after the confirmation of the work, he shell be obliged to pay the fee for the work already performed to the Contractor, even if he does not claim to take over the completed work or partial performance.
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The Contractor shall be entitled to charge interest in case of delay in payment in the amount of 6 % per year from the time of commencement of default.
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The Customer may make use of his rights of set-off only if the Contractor acknowledges such claims of the Customer in writing. The Customer shall not be entitled to exercise his right of retention even if he contests the counter-claims of the Contractor.
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In case of larger orders the Contractor shall be entitled to demand advance or partial payment, and to refuse the service until such demand is satisfied. If the Customer fails to meet his payment obligations or any other of his duties of co-operation within the scope of this GTC, the Contractor shall be entitled to rescind the contract and to demand compensation instead of payment. The Contractor's right to make further claims shall remain unaffected.
4. Delivery time
The delitvery time indicated by the Contractor in his initial offer shall be effective only if it has been confirmed by the Contractor in writing and the Customer fully meets his obligations to cooperate.
The Customer shall send to the Contractor a confirmation of receipt of the translation. If the Customer does not receive the translation at due date, it shall immediately ask the Contractor whether the translation has been sent or whether there is a technical problem (e.g. transmission error) impeding the timely delivery.
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If the Customer indicates only the day as the deadline in the order, the deadline is 6 pm on the indicated day.
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The Contractor may complete the performance after cessation of the obstacle in the event of delays in performance due to force majeure, government intervention, natural disasters, war, insurrection, work stoppage in own company, sub-contractor firms or transport operators, or by reason of other circumstances not attributable to the Contractor. However, both parties are entitled to cancel a concluded contract wholly or in part if one of the above events shall lead to a delay in performance of more than two months in excess of the agreed period.
Unless the parties otherwise agree in writing, the Contractor shall not be entitled to any further claims or compensation, in particular to claims to damages for breach of secondary contractual duties, unlawful acts, other tortious liability, claims to reimbursement of expenses, claims for losses outside the subject matter of contract as well as to claims for compensation for loss of profits, irrespective of legal ground. Any possible claim of the Customer shall lapse after one year following delivery of the translated documents. The claims of the Customer to a reduction in the price and the exercise of a right of withdrawal are excluded after the expiry of the limitation period for the supplementary performance claim.
If the performance is sent on paper or on a data carrier, the additional cost shall be borne by the Customer.
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5. Liability for shortcomings
Technical terms shall be primarily translated based on the documents and / or instructions of the Customer. Otherwise, the Contractor shall carry out the translation according to the generally accepted, lexically reasonable or generally understandable terminology.
Shortcomings in the translation attributable to barely legible, incorrect or incomplete original text, or imperfect or wrong terminology/abbreviation provided by the Customer, shall not be subject to the the area of responsibility of the Contractor and do not justify any claim by the customer for correction of faults.
The Customer shall report to the Contractor obvious shortcomings with justification in writing within a complaint period of one week from acceptance. Any complaints related to the quality of the Contractor's performance may be enforced only within this period. The Customer may only file a claim for damages related to quality if it has made use of the correction referred to in this section.
In the framework of proper duty of co-operation the Contractor shall correct non-insignificant shortcomings notified by the Customer provided that such a remedial action is proportionate and possible.
The payment obligation of the Customer shall remain intact to the extent of the flawless part of the performance.
6. Liability
The Contractor’s total liability to pay compensation shall be limited to the aumont of the agreed translation fee. If the Contractor deliberately, negligently or grossly violates his obligations, and the Customer can sufficiently demonstrate such fault, the Contractor’s total liability to pay compensation shall be double the agreed translation fee. Irrespective of the legal nature of the Customer’s claim, the Contractor’s liability for damages in excess of that shall be excluded.
The Contractor’s excluded or limited liability as detailed above shall also apply in respect of personal liability for damages of the Contractor’s employees, legal representatives and auxiliary persons.
The Contractor uses appropriate protection programs. For that reason, the Contractor’s liability for damage caused by viruses, Trojans, spyware, adware or other malicious software shall be excluded.
The Contractor shall not be liable for damage or loss of the translations or documents handed over to the Customer. The parties may agree on the extended liability of the Contractor. In that case such costs shall be born by the Customer and paid in advance to the Contractor.
The Customer shall be obliged to determine and verify the authorisation of the person placing the order. If a person acting on behalf of the Principal is not entitled to act on behalf of the Customer or exceeds his authorisation, this shall not affect the validity of the order given to the Contractor and the Customer's obligation to pay.
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If a third party makes a claim against the Contractor either due to copyright infringement or other legal grounds as a result of the Customer's order placed by the Contractor, the Customer shall undertake to release the Contractor from the fulfilment of such claims. If legal proceedings are instituted against the Contractor due to such an order, the Customer shall enter into the lawsuit at the Contractor's request and shall assist the Contractor in all matters.
The Contractor shall not be obliged to perform the next order if it has any claim against the Customer.
The Customer agrees that the Contractor may use the work performed on the basis of the order as a reference, with a brief indication of the Client and the work.
The Customer may not contact the Contractor's subcontractors or auxiliary persons by bypassing the Contractor for the purpose of fulfilling orders falling within the scope of these GTCs. In the event of a breach of this obligation, the Customer shall pay to the Contractor the amount that it would have been obliged to pay in the event of an order from the Contractor.
7. Confidentiality and data protection
The Contractor shall treat the information and documentation delivered by the Customer in connection with the contract as confidential.
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The Customer acknowledges that sending by e-mail does not guarantee the confidentiality of the text. The Contractor shall not be liable for any damages resulting from sending or forwarding by e-mail. At the request of the Customer, the correspondence may be in encrypted form by agreement.
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​8. Retention of title and copyright
The translation remains the intellectual property of the Contractor until full payment has been received.
The Customer shall be entitled to use the translation only after payment has been made in full.
9. Cancellation of contract
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The Customer may only cancel the contract before the completion of the translation for justified reason. Such cancellation shall be valid in writing only. Should the Customer cancel the contract before the completion of the translation, the Contractor shall be entitled to demand the agreed remuneration.
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10. Place of jurisdiction and place of performance
The place of jurisdiction shall be Budapest, Hungary. However, the Contractor may also take legal action against the Customer in the court at his registered address or his place of residence.
Unless otherwise agreend by the parties, the place of performance shall be the registered office of the Contractor.
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11. Applicable law
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All legal transactions concluded between the Contractor and the Customer are subject to the laws of Hungary. In the event of any discrepancies between the translation versions of these GTCs the currently valid Hungarian version shall take priority.
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The Contracting Parties shall settle any disputes between them in an amicably way, which is a precondition for a legal settlement, should it eventually arise.
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12. Severability clause
Should any of these terms and conditions be or become invalid wholly or partially for any reason, the validity of the remaining terms and conditions shall remain unaffected. In such a case, the parties shall undertake from the beginning of the invalidity to replace the invalid condition with a provision that comes as close as possible to the economic effect of the invalid condition.
If the contract contains a gap, the parties shall undertake to supplement the contract with an appropriate provision which they would have agreed according to the spirit and purpose of the contract if they considered this point when entering into this contract or upon later inclusion or modification of a provision.